Bullying among lawyers is pervasive, but a new report from the Illinois Supreme Court Commission on Professionalism seeks to prevent the largely unaddressed problem.
The report estimated 25% of Illinois lawyers experienced bullying in the past year. Almost 20%, or about 10,000 practicing attorneys, reported leaving legal jobs due to bullying.
Bullying also disproportionately affects lawyers who are women, racial and ethnic minorities, LGBTQ+, young and have disabilities, according to the study.
The commission, which released the report this month during National Bullying Prevention Month, said its survey of 6,010 lawyers is the first and largest study of its kind in Illinois and possibly the U.S. The study was based on an anonymous email survey followed by 10 focus groups.
Some 31% of lawyers were bullied by another attorney with a more senior position in their organization, 33% by a lawyer outside their organization and 14% by a judge.
Only 20% of bullied attorneys reported it to a supervisor. Those who stayed silent were concerned about being perceived as “weak” or a “complainer,” as well as fears of losing their jobs.
Response to the report has been overwhelming with many lawyers reaching out to the commission to say they feel validated by its findings, said Erika Harold, executive director of the Illinois Supreme Court Commission on Professionalism.
She said shining a light on the hidden but notorious problem helps people who were targeted feel less isolated.
Lawyers “shared painful stories of being demeaned, targeted, and ostracized, leading to stress, anxiety and productivity challenges,” the commission said in a news release. Some lawyers were told that “bullying is an inherent part of the job that they should learn to accept.”
The Illinois Supreme Court established the Commission on Professionalism in 2005 due to concerns about an increase of incivility in the legal profession, Harold said.
She helped lead the commission’s initiative to spotlight bullying after being appointed its executive director in 2022.
“I’m passionate about this topic because it’s been a through line in my life and career,” Harold said.
She has been an anti-bullying advocate since being crowned Miss America 2003. Her Miss America title gave her a platform to break stereotypes about people who are bullied and destigmatize the experience. She has spoken extensively about being bullied in high school in the 1990s and has also been bullied while working as a lawyer after graduating from Harvard Law School.
Bullying is chastised among children but tolerated and even encouraged in lawyers, said the report. Yet society has not reached a consensus that bullying is unacceptable among adults. “[Society] should also hold lawyers to the same standard or higher, since they are officers of the court and pursue justice for clients,” Harold said.
Types of bullying
The report defines bullying as “improper exercise of power by one person over another and takes the form of aggressive acts or comments meant to intimidate, humiliate, embarrass, or control another person.” It “typically involves a power imbalance with intentional and often unrelenting aggression.”
Harold said, “It includes all the ways power and influence can undermine professional advancement.”
Common forms of bullying among lawyers include shouting, insults and excessive criticism. But it also includes nonverbal actions, acts of exclusion and harsh working conditions, such as unreasonable demands.
Of the lawyers bullied, 45% experienced malicious rumors and 40% reported exclusion from important work information or meetings, according to the report.
The report recommended that legal workplaces should develop and enforce anti-bullying policies and conduct training. Courts should also enforce anti-bullying standards. Regulator Illinois Attorney Registration and Disciplinary Commission should continue to review bullying complaints and if appropriate, suggest disciplinary measures.
Other state and national legal entities and organizations have already reached out to the commission to learn more about anti-bullying initiatives.
The study explored bullying rather than harassment because workplace anti-harassment laws and policies don’t usually apply to bullying unless it involves a protected characteristic such as race, gender or religion. But bullying can be just as damaging.
Harold said the commission hopes the study sparks other professions to undertake similar research since bullying is not unique to law, said Harold.
“We hope this data can be helpful in Illinois and beyond,” she said.